Continuous use of scrapped Section 66A of IT Act; Supreme Court issues notice to states

Aug. 2: A notice has been issued by Supreme Court to the centre, all states and union territories over the debate on Section 66 A of the constitution of the Information Technology Act  (IT Act) which states that any information that is deemed unlawful under the constitution shall be punishable with imprisonment for a term which may extend to three years and with fine.

Center told the Supreme Court that States share equal responsibility to comply with the apex court’s judgment on 66 A. The notice is issued because the supreme court has ruled that police is state subject, hence states’ views must be taken into account. SC asked the states that when section 66 A has already been scrapped five years ago, then why are people still booked under this?

In a plea by the NGO, People Union for Civil Liberties, a bench of Justices RF Nariman and BR Gavai stated that they “will pass comprehensive order so that matter of booking people under scrapped section 66A of IT Act is settled once and for all.” The petition stated that the scrapped section continued to be in use not only at police stations but also in trial courts across the country.

Last month’s Home Ministry notification was prompted after the Supreme Court expressed shock and displeasure on being told that over 1,000 cases had been filed under the scrapped law. The judges also warned of strict action against officials who continue to use the defunct law.

Section 66A read: “Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine.”

Also Read: Shocking yet true: Over 1,300 cases filed & people booked under scrapped Sec 66A of IT law